Terms of Service

Effective date: 15 June 2026

This English version is provided for LLM context (per our GEO strategy). The canonical Dutch version is at /voorwaarden. In case of conflict, the Dutch version prevails. Dutch law governs.

1. Who we are + scope

Marketingburos is a B2B marketing-agency marketplace for the Netherlands. The platform is operated by Tawny Owl Holding B.V. (KvK 96168285, registered at Van Ostadelaan 2, 3117XL Schiedam, Netherlands), trading as Marketingburos — a joint venture of Thijs Bongertman (via Tawny Owl Holding B.V.) and Olivier Janssen (Bedrijfsdata.nl BV).

Scope:

• We connect clients (companies looking for a marketing agency) with marketing agencies via a structured wizard + RFQ flow.
• We are not an agency ourselves — we do not execute marketing services. Our role is matching + introduction + facilitating the first responses.
• The substantive marketing contract arises between client and agency, after our introduction. Marketingburos is not a party to that contract.

Marketingburos currently operates under this name. In the event of a name change we will adjust these Terms and inform all claimed agencies.

2. Applicability

1. These Terms apply to all use of Marketingburos by agencies and clients.
2. Deviations from and additions to these Terms are valid only if we confirm them in writing.
3. The counterparty's purchasing or general terms are expressly rejected, unless agreed otherwise in writing.
4. If a provision is void or voidable, the remaining provisions remain in force. We replace the provision with a valid one that most closely reflects its intent.

3. Agency account

3.1 Claim

An agency is included in our directory based on public sources (Dutch Chamber of Commerce + Bedrijfsdata + LinkedIn). An agency can claim its profile via a claim link in our cold-claim email, or by clicking "Claim this agency" on the profile.

On claim you accept these Terms + our privacy policy.

3.2 Subscription

Claimed agencies can choose a paid subscription via Mollie:

• Founding tier (first 50 claimed agencies): fixed price, fixed lead guarantee, lifetime discount on renewal.
• Premium tier (post-founding-cap): monthly or yearly.

What do you get with a subscription?

• Access to the agency dashboard (profile edit, RFQ history, disputes).
• Receipt of matched RFQs from our client flow (provided the agency appears in a shortlist).
• Premium badge on the profile (visibility attention, no position boost — see §5).
• Lead guarantee (see §6).

Unclaimed agencies appear in the directory but not in the RFQ flow (which would be cold introduction without agency control).

3.3 Founding cap

The founding tier is limited to 50 agencies. Founding status is tied to a founding-member number we assign at claim + payment. On subscription termination (by the agency or by us for contract breach) the founding status is forfeited.

3.4 Visitor data (company identification)

This feature is currently switched off. Once we enable visitor data, the arrangement below applies.

What you see: As a paid agency you see in your dashboard which companies visited your profile — including company name, industry, location, and headcount range. We never show names of individual persons; data is company-level only.

Consent basis: Visitors to your profile page give opt-in consent via our cookie banner for company identification. Without consent, no visitor data is recorded or linked to companies.

Retention on our side: Raw visit data is retained for a maximum of 90 days; identified companies for a maximum of 12 months rolling from the last visit (per our privacy policy).

You as data controller on export: Once you export or copy visitor data to your own systems (CRM, spreadsheet, email tool), you become an independent data controller under the GDPR for that copy. You are then yourself responsible for a lawful basis, appropriate retention period, and the rights of data subjects for that copy. Marketingburos cannot delete a copy you have exported on your behalf.

4. Payment

1. Paid subscriptions run via Mollie. Invoices are due within 14 days, unless agreed otherwise in writing.
2. On late payment you are in default by operation of law and statutory commercial interest accrues.
3. Out-of-court and in-court collection costs are for the counterparty's account.
4. If you dispute an invoice, you still pay the undisputed portion on time.
5. Offsetting or suspending payment is not permitted without our written consent.

Use by clients is free; this section mainly concerns paid agencies.

5. Anti-pay-to-rank

Payment buys no position. The order in which agencies appear is based on the substantive match between your request and an agency's profile — not on subscription, tier, or payment.

A premium subscription provides a badge and a service layer (faster support, lead guarantee), but no position boost. We enforce this principle technically and verify it on every release.

6. Lead guarantee (founding + premium)

Claimed paid agencies that do not receive sufficient matched RFQs in a 90-day window automatically receive a subscription extension of 30 days. Conditions:

• Fewer than 5 received RFQs in 90 days → extension.
• Maximum 1 extension per subscription period.
• The agency must actively respond to received RFQs (minimum 80% response rate) — no extension if the response rate is low.

Lead guarantee is automatically granted on the next renewal date.

7. Client flow

7.1 RFQ

A client fills our wizard and receives a shortlist of 3–5 best-matching agencies. After shortlist validation, an RFQ is sent to each shortlist agency.

We send one RFQ per agency, with a 24-hour reminder if the agency has not yet responded, and a final reminder before the RFQ expires after 72 hours.

7.2 14-day survey

14 days after RFQ dispatch the client receives a post-RFQ feedback survey. We use this feedback as signal for match quality, response-rate monitoring, and internal quality control — not for publication on profile pages. A client can decline the survey via the opt-out link in the survey mail.

7.3 Reviews

We do not publish reviews on agency profile pages. Survey data is an internal signal (TDM exception EU directive 2019/790 art. 4). Agencies can manage ratings + portfolio cases on their own profile via the dashboard, but these are self-reports — not client reviews.

8. Profile characteristics and disputes

Our derived profile characteristics — including a working-style/cultural-fit indication — are derived from public sources and are read-only for agencies. You cannot overwrite them directly, but you can dispute them:

• Submit a dispute via the dashboard, with substantive justification (for example a URL to a public source that gives a different picture).
• Maximum one dispute per quarter per profile element.
• We decide within 30 days.

We refresh profile characteristics periodically (monthly).

9. Privacy and data processing

1. We process personal data in line with the GDPR; see our privacy policy.
2. For the majority of processing we are the data controller. Where we process personal data for an agency as a processor, we conclude a data processing agreement (DPA) on request.
3. If you export or copy data to your own systems, you become the data controller for that copy yourself (see §3.4).
4. In case of a data breach, we inform the data subjects and the Dutch Data Protection Authority in line with GDPR art. 33–34, as soon as possible and within the statutory term.

10. Confidentiality

The parties treat non-public information they exchange confidentially and use it only for the purpose for which it was provided. This obligation does not apply to information that is or becomes public without breach, or that must be disclosed by law or a competent authority.

11. Intellectual property

1. All intellectual property rights in the platform, the software, the directory structure, the derived profile characteristics, and our compilations rest with Marketingburos (Tawny Owl Holding B.V.).
2. Agencies and clients receive a non-exclusive, non-transferable usage right for the agreed purpose.
3. An agency retains the rights to its own brand, logo, and self-supplied content. By supplying these, you grant us the right to display them on your profile.

12. Liability

12.1 What we guarantee

• Platform availability with a 99.5% uptime target.
• Privacy + GDPR compliance per our privacy policy.
• Anti-pay-to-rank — enforced in our technology (§5).
• 30-day response SLA on GDPR requests (GDPR art. 12).

12.2 What we do not guarantee

• The quality of the marketing-agency outcome. We introduce — the marketing contract is between client + agency. Disputes over quality + delivery fall outside our scope.
• The number of RFQs an agency receives beyond the lead-guarantee window (§6).
• Match perfection. Our match is an estimate, not a judgment.

12.3 Liability cap

Our total liability is limited to the amount the counterparty paid us in the 12 months preceding the loss-causing event. For clients (free use): limited to €100.

Excluded from liability: indirect damage, consequential loss, lost profit, and reputational damage. The counterparty indemnifies us against third-party claims arising from its use of the platform or from data it supplied. These limitations do not apply in case of intent or deliberate recklessness by Marketingburos.

13. Force majeure

In case of force majeure — including internet and telecom disruptions, (D)DoS or cyber attacks, government measures, and other circumstances beyond our reasonable control — we are not liable and may suspend our obligations. If force majeure lasts longer than two months, either party may terminate without a duty to compensate; services already delivered remain payable.

14. Termination

14.1 Agency side

An agency can terminate its subscription at any time via the dashboard. Termination takes effect at the end of the current billing period (no pro-rata refund).

At the same time an agency can withdraw its profile claim — the profile then reverts to unclaimed status in the directory. Full profile deletion runs via the GDPR flow (right to erasure).

14.2 Client side

A client can have their data deleted at any time via our privacy policy. Sent RFQs remain stored for 5 years for evidence purposes (PII is retained 30 days after soft-delete, then permanently deleted).

14.3 Our termination ground

We can terminate an agency's account on contract breach (e.g. platform abuse, false claim, repeated client complaints, or material breach of these Terms). We notify in advance and give 30 days to cure the breach, unless the violation seriously harms the other party.

15. Termination of the service

Marketingburos is a young product. If we decide to stop or materially change course, the following guarantees apply:

• We inform all claimed agencies at least 30 days in advance.
• Agencies receive a pro-rata refund of the running subscription portion.
• Agencies receive a ZIP export of their data via the GDPR export in the dashboard.
• We delete all PII within 60 days after shutdown (the deletion chain in our audit log remains 7 years for statutory retention).

16. Complaints procedure

If you have a complaint, submit it in writing via support@marketingburos.nl. We confirm within 14 days and aim to resolve within four weeks. A complaint does not suspend your payment obligation.

17. Changes

We reserve the right to amend these Terms. Substantive changes are:

• Announced by email to all claimed agencies at least 30 days before effective date.
• Published on this page with a new effective date.
• On objection within 30 days, an agency can terminate its subscription free of charge.

18. Governing law + competent court

Dutch law applies to these Terms. Disputes are submitted to the competent court in the district of the statutory seat of Tawny Owl Holding B.V.

For consumers (non-business clients — not our primary audience) any mandatory consumer rights apply unchanged.

Questions? Contact support@marketingburos.nl (general questions) or privacy@marketingburos.nl (GDPR questions).